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Updated: June 11, 2025
The liability of the master for his torts is one instance. The present is another. A slave's possession was his owner's possession on the practical ground of the owner's power over him, /1/ and from the fact that the slave had no standing before the law. The notion that his personality was merged in that of his family head survived the era of emancipation.
The law administered at Athens by the Senate of Areopagus was probably a special religious code, and at Rome, apparently from a very early period, the Pontifical jurisprudence punished adultery, sacrilege and perhaps murder. There were therefore in the Athenian and in the Roman States laws punishing sins. There were also laws punishing torts.
Surely it might be permitted Lawyer Gooch to mitigate the bore of briefs, the tedium of torts and the prosiness of processes with even so light a levy upon the good property of humour. Lawyer Gooch's practice leaned largely to the settlement of marital infelicities. Did matrimony languish through complications, he mediated, soothed and arbitrated.
He was a little puzzled what to do with himself. He sat down at his desk and thrummed it for a minute. Then he rose, and spread his books more along the shelf, so as to leave little spaces between them, thinking that he could make them look more imposing thereby. After that he took down a book somebody "On Torts," and dug into it.
Whereupon he swore vigorously, and vowed that he would forget her until the skies cleared. But "the skies they were ashen and sober," and he caught himself dreaming over his "Torts," or during one of Mr. Boutts's ecstatic visions of Rosewater with a great hotel in the style of the old Missions, and an electric railway.
Whatever laws are unfair and oppressive to women have just happened just grown up like weeds out of neglected soil. Let me illustrate. No lawmaker in New Mexico ever introduced a bill into the legislature making men liable for their wives' torts or petty misdemeanors. Yet in New Mexico, at this very minute, a wife is so completely her husband's property that he is responsible for her behavior.
Labor in that country has just won a very important action for damages arising out of a Crown prosecution. It has now been decided that the Crown is responsible for the torts of its civil and military agents. The unions in consequence are flush with funds, and a portion of the Court's award, amounting to £50,000, has been handed over to the strike fund in this country."
HUSBAND AND WIFE: Wife controls own earnings. Wife may dispose of separate property without husband's consent. In torts of a personal nature she must sue jointly with her husband. Husband is guardian of minor children; wife becomes so at his death. Husband must provide for family. If husband has no property or is disabled, wife must support him and the family out of her property or earnings.
Damages cannot be recovered for their destruction by an individual. The question of malice does not enter into the case at all." I Bishop's Criminal Law 828; I Hilliard on Torts, 605. "At common law it was always the right of a citizen, without official authority, to abate a public nuisance, and without waiting to have it adjudged such by legal tribunal.
"Not alone, then," I answered, "so many luminaries circle round her." "Lady Adeline criticises her severely," she ventured, with a touch of asperity. "Les absents out toujours torts," I answered. "But, at the same time, when Lady Adeline criticises Ideala severely, I am sure she deserves it. Her faults are patent enough, and most provoking, because she could correct them if she would.
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